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Religion or Sedition?:

The Domestic Terrorism Trial of the Hutaree, a Michigan-based Christian Militia

Susan J. Palmer Affiliate Assistant Professor

Religious StudiesConcordia University

Montreal, Quebec

* A paper presented at the CESNUR Meeting, held at Chouaic Doukkali University in El Jadid, Morocco (September 20-22, 2012). Preliminary version. Please do not copy and reproduce without the consent of the author

On March 27, 2012 the FBI launched a series of raids, targeting a small, obscure militia

group that called themselves “Hutaree”.1 Nine raids were executed simultaneously over five

hours in Michigan, Ohio and Indiana. The agencies involved were the Department of Homeland

Security and the Terrorism Task Force, who worked with local and state police to execute the

search warrants.

The largest raid was on a memorial service held in warehouse in Ann Arbor, Michigan.

Hutaree members showed up without their guns, prepared to honor their deceased militiaman.

The service was interrupted at 6:30 p.m. when fifty FBI agents made a “dynamic entry” into the

warehouse, handcuffed all the guests and arrested the Hutaree leader, his family and core group.

Two days later, nine members of the Hutaree were charged with plotting to wage war

against the government, and with conspiring to use "weapons of mass destruction".2 They were

also charged with plotting to wage a guerilla war against police officers using "trip-wired and

anti-command detonated antipersonnel improvised explosive devices” or IEDs.3.

Five were to spend the next two years in prison.

Mug shots of the nine Hutaree in green prison suits appeared in hundreds of media

reports, with headlines like, “Violent underbelly of arrested Hutaree militia members revealed”.4

Activist Archie Cary notes, “the MSM ran hard with the story. Within 48 hours, the template was

set: A ‘right-wing extremist Christian’ militia group had been planning to wreak havoc by killing

law enforcement officers as a way to engage a wider war against the government. Soon the MSM

had the Hutarees tried, convicted and jailed.” 5

The Southern Poverty Law Center used the occasion to highlight the “growing threat of

right-wing militia groups from America’s radical right, where a pervasive rage against the

1As David Stone, “Hutaree” was a nonsense word, made up his two oldest sons, Daniel and Joshua. When they were children. It means “Christian Warrior”, and he that his militia group, Hutaree, evolved out of this children’s game, and that “we have our own language” (Interview with David Stone in a restaurant in Adrian, MI, September 9, 2012.2 For a history of seditious conspiracy charges in the U.S., see Leonard Zeskind, Blood and Politics: The History of the White Nationalist Movement from the Margins to the Mainstream: Farrar, Straus and Giroux. 2009.3 See Brian Palmer, “When Did IEDs Become WMD?” www.slatenews.com. March 31, 2010.4 Meghan Housley, National Post, 30 March 2010.5 Archy Cary, The 'Hutaree   Militia' Case Starts To Unravel - On First Amendment  Grounds,” www.breitbart.com, 4 May 2010.

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government has become red hot”.6 SPLC spokesperson, Mark Potok, reminded journalists of his

2009 report, Rage on the Right, which documented 512 antigovernment “Patriot” groups and a

total of 75 domestic terrorism plots since the 1995 Oklahoma City bombing.7

Within a month, by May 2010, the Hutaree story had faded from the news, leaving the

public with the conviction that a violent plot had been “thwarted by the FBI in the nick of

time”. 8

But two years later, when the case came to trial, a federal judge acquitted all the Hutaree

members of all the charges related to seditious conspiracy. They were released from prison on

the same day, on March 27, 2012.

The Hutaree militia stands out as the very first non-Muslim "domestic extremist" group

to be cast as the lead in what journalist William Grigg calls “one of the Bureau’s post-911

Homeland Security Theatre productions”. The FBI had first begun investigating Michigan’s

“white” militia movements in 2008, around the time of Obama’s election, as part of the

Homeland Security project to monitor and control right-wing terrorist groups. The Hutaree was

typical of U.S. militias, in that they saw themselves as defending the Constitution. Unlike the

majority of militias in Michigan, however, they were religious in their orientation. Their training

drills were a preparation for a cosmic battle between Good and Evil, when Jesus Christ would

return to overthrow the satanic New World Order. They appeared to offer a convenient target for

the Department of Homeland Security and the Joint Terrorism Task Force, whose agents were

under pressure to demonstrate their knowledge and control over right-wing militia “terrorist”

groups after 9/11, at the time of the election and inauguration of America’s first African-

American president.

The Hutaree incident is a fascinating story that raises serious questions about how the

U.S. government, holding true to the Fourth Amendment, tolerates, and even encourages, its

private militia groups - and yet singles out for persecution those who are perceived as “extreme”

and “fanatical”. The FBI’s handling of the case, which in retrospect can only be explained as a 6 “Nine Members of the Hutaree Militia Indicted in Plans for Armed Conflict”. Hatewatch: Keeping an Eye on the Radical Right, SPLC. March 29, 2010.7“Nine Members of the Hutaree Militia Indicted in Plans for Armed Conflict”. Hatewatch: Keeping an Eye on the Radical Right, SPLC. March 29, 2010.8 Archy Cary, The 'Hutaree   Militia' Case Starts To Unravel - On First Amendment  Grounds,” www.breitbart.com, 4 May 2010.

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“sting operation”, raises serious concerns about human rights in the pot-9/11 “war on terror”.

The trial of the Hutaree, who were accused of “conspiracy to commit sedition”, hinged on the

subtle distinctions between Free Speech and Sedition. Finally, the Hutaree story conveys a

message about the relative integrity of federal law enforcement versus the U.S. judicial system,

and the independence and power of federal judges to simply uphold the law.

Methodology

This research was part of a research project, “Exploring Government Raids on Unconventional

Religious Communities,” funded by Canada’s Social Science and the Humanities Research

Council. The research demanded three trips to Michigan, where I interviewed five Hutaree

members who had been acquitted of sedition, and met and conversed with three others. I

attended their fundraiser, “Too late to Apologize” and their One Year After celebration of their

victory over the FBI. I interviewed defence attorneys, William Swor, Richard Helfrick and

Michael Rataj over the phone, whose brilliant, pithy legal arguments are quoted in this study. I

met with attorneys Swor and Rataj in their offices in Detroit and they gave me access to the court

records of the 2012 trial, and the FBI 302s. For the events in the raid and subsequent trial, I rely

heavily on journalist Lee Higgins’ excellent articles in www.annarbor.com. I am indebted to

Hutaree members Wendy Lineweaver and Thomas Piateck for sharing with me their knowledge

and experiences of Michigan’s militia subculture and Libertarian political philosophy.

Hutaree, a “Christian Militia”

This relatively small militia group, whose numbers fluctuated between 50 to 150, was founded

around 2007 by David Brian Stone (who was 44 at the time of the raid).9 Stone worked operating

a fork lift vehicle for a wiring company. He is a devout Pentecostalist, the son of a Pentecostal

minister. At the time of the raid he had recently married Tina Mae Stone, also raised in the

Pentecostal church. The couple lived in a trailer in Clayton, Michigan. David Stone often

referred to the Book of Revelation in his speeches, and regularly attended the Pentecostal church

9 The group may be older. David Stone says his sons invented the word and concept of Hutaree while playing in the woods as children.

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with his three sons and new wife. The Stones’ Christian beliefs turned out to be an important

issue in the Hutaree trial.

According to Robert H. Churchill, there are two types of militias in Michigan: the

“Constitutional” groups (anti-government political extremists) and the “Millenarian” groups

(who are preparing for Jesus’ Return and the Final Battle between God and Satan). 10 The

Hutaree conform to the latter type. The Hutaree website featured videos with flashing quotations

from apocalyptic Bible passages: "We believe that one day, as prophecy says, there will be an

Anti-Christ. ... Jesus wanted us to be ready to defend ourselves using the sword and stay alive

using equipment."

The Origins of the Raid

The origins of the Hutaree investigation can be traced back to 2008, when the Department of

Homeland Security produced a report about the rising threat of right-wing terrorism, citing

factors like economic troubles, the election of an African-American president, and other

perceived threats to U. S. security.11 Around the time of Obama’s election, the FBI was involved

in a background check on militia groups in Michigan. There appear to be three reasons why the

government chose the Hutaree as the target of their investigation.

First, David Stone’s association with Mark Koernke raised alarm. Koernke has been

described in the media as, “a notorious anti-government conspiracy theorist with prior

convictions for assault of a police officer, resisting arrest and fleeing police, for which he served

just over seven years in prison”.12 The 2008 FBI report claims Koernke had “a long history with

law enforcement and was released from prison on 3/15/2007 from his most recent felony

10 Robert H. Churchill, To Shake Their Guns in the Tyrant's Face: Libertarian Political Violence and the Origins of the Militia Movement. Detroit: University of Michigan Press, 2008.

11 Nick Bunley and Charlie Savage, “Militia Charged With Plotting to Murder Officers” The New York Times,

March 29, 2010.12

Lee Higgins, “Tip about militia member Mark Koernke led to Hutaree investigation, court filing says” www.annarbor.com, December 6, 2010.

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conviction”.13 In fact, Koernke was neither a member nor a leader in the Hutaree. It was later

established that he was a close friend and mentor of David Stone, but that he had never attended

any of the Hutaree’s meetings or training drills. Koernke was an ideologue in libertarian circles,

an orator with his own radio station.14

According to a court filing by Todd Shanker of the Federal Defender Office, it appears

this erroneous information derived from an FBI agent’s conversations with a member of the

South Michigan Volunteer Association, who had identified Mark Koernke as one of the two

leaders of Hutaree.15

Second, the FBI investigated the Hutaree as the result of an ATF records check. On

December 8, 2008, when ATF agents visited Walter Priest, a federal firearms licensee in Adrian,

Michigan who conducted his business, Gun Outfitters, LLC, out of his home, they discovered he

had sold components of AR-15s to David Stone. On hearing about the records check, Stone sent

out an e-mail encouraging militia members to resist the ATF. On February 5, 2009, the

ATF executed a search warrant at Priest’s home, looking for materials used to make

explosives. Priest's 25-year-old son, Walter Jason Priest, had recently been convicted of using

explosive materials, and on January 22, 2009 was sentenced to federal prison for possessing a

firearm after his first conviction. 16The government argued at David Stone’s March 2010 bond

hearing that he had been plotting to break Jason Priest out of jail. Stone and the Hutaree

members all denied this allegation.

Third, the Hutaree investigation was one result of the Homeland Security’s imperative to

root out potential terrorists. In 2008, FBI agent Leslie Larsen had sought out leaders of the

Southeast Michigan Volunteer Militia Association as part of her investigation into the possibility

of domestic terrorism among Michigan’s “white” militia groups. Two SMVMA leaders had

provided her with information about Hutaree, according to two e-mails obtained by journalist

13 FBI Report Doc #479-2, Pg 8 of 12, Date: 09/30/2008.14 Interview with Wendy Lineweaver, June 2012. David Stone Jr’s lawyer, Shankar, claimed in his report to the court that information concerning Korenke’s role in the Hutaree "has proven to be utterly false".15 Lee Higgins, “Tip about militia member Mark Koernke led to Hutaree investigation, court filing says”. www.annarbor.com, 6 December 2010.

16 Lee Higgins, “Bomb manuals, suspected steroids seized during Hutaree raids, search warrant records show”.

www.annarbor.com, 12 April 2010.

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Lee Higgins from the online newspaper, AnnArbor.com. These e-mails were sent eight months

before the ATF record check.

In an interview with Lee Higgins, SMVM Coordinator Lee Miracle and SMVM

spokesman Michael Lackomar said they had discussed Hutaree with FBI agents the day before

the 2008 presidential election. “The decision was made to cooperate with the authorities fully

because we do value good relations with local and federal law enforcement,” Lackomar said. “In

addition, we knew that one of the groups they were talking about, the Hutaree, struck us as

potentially unstable and possibly dangerous.”17

It appears that the SMVM leaders may have deflected an FBI investigation into their own

militia by pointing the finger at the Hutaree, whom they regarded as a fanatical Christian “cult”.

In her article, “America’s New Kinder, Gentler Militia”, Dina Temple-Raston contrasts the “old-

style militias bent on violence” with the “new, more helpful militia - the kind…no one needs to

be scared of.” She quotes SMVM spokesman, Mike Lackomar, who comments on his experience

of training with Hutaree in the woods:

I thought they were a little reckless…they focused on ambushes, concealment, fire

team movements…skills that might be needed in a firefight. They trained at Level 10

all the time….They focused more on the military aspect than on the civil aspect,

which we try to balance out.18

A fourth reason for the investigation emerged during the March-April 2010 bond hearing.

FBI agent Leslie Larsen claimed that when she began monitoring the activities of militia groups

in Michigan, back in August 2008, she was alarmed by the Hutaree’s website. It featured the

members outfitted in military clothing and backpacks, stalking an invisible enemy, crawling on

their bellies through woodlands, and firing rifle and handguns at unseen targets. But what

alarmed her, she testified, was the explosions in one of the videos. 19 But the veracity of her

statement was challenged by David Stone’s lawyer. William Swor pointed to the youtube records

17 Lee Higgins, “Militia group gave FBI information on Hutaree two years ago, e-mails show.” 15 April 2010, www.annarbor.com.18

Dina Temple-Raston, “America's New Kinder, Gentler Militia, NPR News Investigations,” 13 April 2010.19 United States District Court for the Eastern District of Michigan, Southern Division - United States of America -vs- David Brian Stone (Case No. 10-20123), 14 February 2010: 44.

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that show the alarming Hutaree videos were not posted until June 2009 - almost a year after

Leslie Larsen sent the FBI’s undercover informant in to spy on the Hutaree.20 

The FBI Investigation

There were three phases to the FBI investigation. First, a paid undercover informer was sent in.

Second, an FBI agent who was an expert in making bombs was inserted into the Hutaree

undercover. Third, the FBI faked the death of the first infiltrator and staged a memorial service in

order to lure the Hutaree to a warehouse in the woods where they could be rounded up, unarmed

1. The Paid Informer. In February 2009, the FBI inserted Dan Murray into the Hutaree.

Murray, 57, was a martial arts instructor who worked in security. He was first approached by

agent Larson while he was minding security system for the Ford automobile show in Detroit. It

was established at the 2012 trial that the FBI had paid Murray $30,677 in cash from August 2008

to January 2010, for 300-odd hours of undercover services and expenses (gas, cell phone, and

camping equipment).21According to William Swor, “Murray did not disclose the payments he

received on his income tax. Nor did the FBI report the payments to the IRS.  Both were

violations of federal law”.

Murray attended Hutaree meetings and paramilitary drills in Lenawee and Washtenaw

counties. Hutaree members welcomed him, and gave him the code name of “Keebilik”. Murray

was wired with devices to make audio and video recordings of their conversations. He taped

David Stone’s speeches about the Return of Christ, and of how the government was planting

computer chips under the skin of its citizens through flu shots in order to control them, referring

to “666 the Mark of the Beast” in Revelation.22

According to his own testimony in the trial, Murray tried to bait Stone into expressing

20 I found out when I attended the Hutaree fundraiser, “Too Late to Apologize” on September 8, 2012, that these videos were filmed by David Stone’s youngest son, David Jr., with his friend Joshua Clough, as an entertaining and instructive project.

21 Ed White, “Hutaree Informant ends testimony in Michigan militia trial,” Associated Press, March 2, 2012.22 Stone’s most controversial statement (later played in court) was his outline of a scenario in which the Hutaree would kill policemen and their families.

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seditious sentiments. During a (recorded) late-night phone call, he said to Stone, "God, I hate the

government!" But when asked by a defence lawyer if Stone had replied, “Me too", Murray

responded, "I don't believe so". While Murray admitted in court that he had never felt personally

threatened by the Hutaree, he insisted they stockpiled rifles and submachine guns, grenades other

weapons as well as food and fuel, in order to be prepared for the Tribulation, or hard times ahead

when the government would turn against its own people.23

2. The Agent Provocateur. In January 2010 the FBI sent in one of their own agents, Steven

Haug, whom Murray had already introduced to David Stone at a fast food restaurant as his “best

friend”. The FBI established a cover identity for Haug as “Steven Clark”, a truck driver living in

New Jersey who worked for a transport company that dealt in antique furniture at flea markets in

Michigan, and they rented a warehouse in Ann Arbor to add legitimacy to his cover. Haug’s code

name in the Hutaree was “Jersey Steve”, and he proceeded to ingratiate himself with their leader,

treating him to restaurant meals and paying for travel expenses to attend militia rallies. He even

bought diapers for David Stone’s grandson.24 Stone liked and trusted him, and even chose him as

Best Man at his wedding to Tina. A wedding photograph shows “Jersey Steve” posing beside the

happy couple. In his capacity as Best Man, Steven Haug signed their marriage certificate, using

his fake name. In the 2012 trial the defense lawyers raised the point that this faked signature was

illegal and may have invalidated the Stones’ marriage certificate. Attorney Michael Rataj

commented on FBI ethics in this situation, as follows: “[Haug] claimed he had been given

permission, but the government never produced any document to support that claim…. I don’t

understand how the FBI thinks it can authorize an agent to commit a crime!” 25

3. The Staged Memorial Service. The Hutaree members were arrested in a dramatic raid on

Steven Haug’s rented warehouse in Ann Arbor on March 27, 2010.26 The FBI had arranged for

23 “Defense attorneys seek information on FBI informants in Hutaree case” Associated Press. 6 December 2011.

24 One militiaman’ commented: “That should have been a red flag right there. Everyone knows that militiamen are cheap f-ers!” (Personal communication).25 Interview with Attorney Michael Rataj over the telephone, 26 April 2012.

26 Mark Reiter “FBI agent testifies in Hutaree trial about findings by paid confidential informant”. Toledo Blade,

14 February 2012.

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their arrest by staging a phony memorial service. 27 Detroit’s FBI Special Agent in Charge,

Andrew Arena, declined to provide details about the memorial scenario, but told the Detroit Free

Press, "We used the ruse to get them to a location where they didn't have access to their

weapons, and everything worked out. We got most of them there."28 Steven Haug (“Jersey

Steve”) phoned David Stone to invite his family and Hutaree friends to the wake he was holding

for his late friend Dan Murray (code name “Keebilik”) at his warehouse. The FBI waited until all

the guests arrived, then secured the perimeter and posted snipers in the woods. David Stone was

invited to step outside for a smoke by Jersey Steve, who slammed the warehouse door as they

left, as a pre-arranged signal. The SWAT team then swarmed in, backed up by helicopters and

armoured trucks. Hutaree members were overpowered, handcuffed, and all the guests were

interrogated. Most of the guests were friends or relatives, so they let them go home.

Wendy Lineweaver, Hutaree member (code name “Lady Pit Bull) who attended the

memorial service but escaped arrest, offers a detailed account of the raid at the warehouse. 29 She

describes how she drove to the warehouse with her husband, stepson, and other Hutaree

members, including David Stone and his family. They arrived at 6:10 p.m., and she immediately

noticed several “red flags” as she approached the warehouse.

First, she observed a large sticker of the Hutaree green patch plastered on the warehouse

door, which she thought “tacky”, since their militia unit didn’t actually own the warehouse.

Jersey Steve appeared nervous (“his voice was shaking when I spoke to him”). She wondered

how he had got there because she hadn't seen his “nice truck with New Jersey license plates”

parked outside. Also, it also seemed strange that no members of Keebilik’s family were there.

Next, Lineweaver remarked on the lack of effort put into organizing the service. The food

consisted of sandwiches, bags of chips and soft drinks.

27 I was puzzled initially by a militiaman’s statement during our interview over the phone: “The FBI’s star witness will be raised from the dead to appear at the trial.”28 Ben Schmidt, “FBI Used Ruse To Flush Out Hutaree Militia.” Detroit Free Press, 2 April 2010.29 This story appeared in Lee Higgins’ article, “Witnesses describe FBI raid at phony Hutaree funeral” www.annarbor.com, 18 April 2010. It was also recounted by Wendy Lineweaver over the phone in our interview on April 2, 2012.

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When Lineweaver looked up at the warehouse’s loft where boxes were stacked, she

noticed that the steps leading up to the loft had been cut off and removed. The first step began

than five feet above the floor. (“All the stairs were freshly sawed off except the top two.”)

Keebelik’s "battle dress uniform" and helmet was draped over a chair that was perched

on a table, with a white candle lit beside it, his rifles at the foot. Folding chairs were arranged

around a brand new television hooked up to a DVD player. Lineweaver noticed mistakes in the

program, including a mispelling of “Keebelik”, and a reference to Hutaree as "The Hutaree."30

"There must have been about fifteen red flags that I totally ignored. Every instinct was

telling me to get out,” Lineweaver said. “But I liked Dan…or thought I did.”

Jersey Steve announced that his wife had put together a slideshow, but that she was sick

so couldn't attend. The guests then helped themselves to the refreshments and sat down to share

their memories of Keebilik. Jersey Steve turned on the DVD player and started the program.

There were photographs of Keebelik with a soundtrack of the Hutaree's favorite band, Poker

Face. The music was turned up to full volume. Fifteen minutes into the service, Jersey Steve

tapped David Stone on the shoulder and motioned for him to follow him outside. The door

slammed loudly behind them.

“Everyone perked up. We all looked at each other like, 'What in the hell was that?' ”

The music was still blaring. Twenty seconds ticked by. Suddenly, more than twenty men

in "riot gear" stormed in with M-4 assault rifles, yelling, “Don’t move! Don’t move!”

(“Everybody sat there and just stared at them. We all had this glazed look in our eyes like

it was a joke. I thought, ‘What? Is Dave testing us?’”)

The men wore olive drab uniforms, Kevlar helmets and bulletproof vests. (“Then I saw

the FBI patches.”) The agents ordered everyone to put their hands on the back of their heads and

lock their fingers together. Hutaree members were told to stand up against the wall with their

backs to the agents, their hands were placed in zip ties, their shoes removed, and they were

directed to lie face-down and were searched.

30 It is a Hutaree convention to omit the article before “Hutaree”.

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David Stone, Tina Stone, David Stone Jr., Joshua Clough and Michael Meeks were

arrested on the spot. The Lineweavers were questioned in separate rooms. Agents asked

questions about whether Hutaree members built explosives or possessed automatic weapons. In

his interview with journalist Lee Higgins from AnnArbor.com, Ken Lineweaver said he had

attended around ten Hutaree trainings, but “Nobody talked about making bombs. We never had

any bomb-making classes and if somebody was, I never heard about it.” 31

Wendy Lineweaver was asked if she hated the government. “We, the People are the

government,” she responded. When asked whether she hated cops, she explained how she had

worked with Washtenaw County sheriff's deputies to assist in a search for missing Bridgewater

Township residents. “I have no issues with local cops or federal law enforcement agents.”

FBI agents were simultaneously executing eight other search warrants in Michigan, Ohio

and Indiana, for over four-and-a-half hours. Kris Sickles and Thomas Piatek were arrested in

Ohio, and Joshua Stone was arrested in northeast Illinois on Monday, April 2. Joshua Stone,

David Stone’s second son, was not present while the raids were in progress, and he turned to

another militia group, the Lenawee County Volunteer Militia (known as the “Wolverines”) for

help. Matt Savino, one of their leaders, phoned SMVM leader, Michael Lackomar, to tell him he

had met with Joshua Stone, three other Hutaree men, two women and a young child around 11

p.m. Saturday, outside an Adrian convenience store. Joshua had told Savino that federal agents

(whom he assumed were the ATF) had just raided his home, and was asking him for refuge.

Savino encouraged Joshua to turn himself in to the feds, but Joshua Stone replied, "That's

not an option." 32 But two days later, he turned himself in, on Monday night, 48 hours after the

raid.

The raid was executed with tremendous force; what Hutaree leader David Stone termed

“shock and awe”.33 It was comparable to the 1993 Waco raid in its militarized scale. Lineweaver

31 Lee Higgins, “Hutaree members describe FBI raid at phony memorial service in Ann Arbor”

www.annarbor.com, 10 April 2010.

32 Lee Higgins, “FBI raids in Washtenaw, Lenawee counties tied to Michigan militia group.” www.annarbor.com,

28 March 2010. 33 Interview with David Stone in Adrian, MI, 8 September 2010.

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noted, “The INS, the immigration was there, the state police, the local sheriff, the Feds set up a

huge command center at the sheriff’s place, there were satellites, and multiple homes in three

states were raided…. It was mind boggling!” 34

The Indictment

The federal grand jury indictment was unsealed two days later, on March 29, 2010. The

accused were David Stone Sr., his two sons, Joshua and David Jr., Tina Mae Stone, Michael

Meeks, 40, of Manchester, Michigan; Thomas Piatek, 46, of Whiting, Indiana; Joshua

Clough,20, of Blissfield, Jacob Ward, 33, of Huron, Ohio, and Kristopher Sickles, 27, of

Sandusky, Ohio. All nine were accused of “conspiring to levy war against the United States”.

Among the allegations were conspiracy to commit sedition, firearms offenses, and attempted use

of IEDs and weapons of mass destruction. More specifically they were accused of plotting to kill

policemen and to launch a bomb attack on a police funeral procession.

Two defendants were later dropped from the case. Jason Ward was found mentally

incompetent to stand trial. Joshua Clough pleaded guilty in December 2012 to illegal use of a

firearm, but still faced a mandatory five-year prison sentence. He agreed to appear as a witness to

testify for the government.

The Pre-trial Legal Process

Two months after the arrests, in April to May 2010, there was a detention hearing in

federal court in Detroit. Assistant U.S. Attorney Ronald Waterstreet argued for the detention of

the Hutaree.

On April 7, 2010, FBI agent Leslie Larsen was put on the stand for the detention

hearings. Prosecutors fought to keep her off the witness stand, but the judge said the burden was

on the defence to show their clients would not be a threat to the public if released. When

questioned, Larsen said she couldn't recall many details of the two-year probe; that she had not

34 Interview with Wendy Lineweaver over the telephone, April 2 and 3, 2012.

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listened to all the recordings made by the infiltrator and an undercover agent. She did not know if

the weapons seized by investigators last month were illegal.

Defence lawyer William Swor asked her if David Stone had ever instructed anyone to

make a bomb. She replied, "I can't fully answer that question", since she did not have her notes

with her. Judge Victoria Roberts exhibited some impatience with the prosecutors, saying: “I

share the frustration of the defence…with all of the responses that are coming from this witness

that she doesn’t know anything.”35

On 31 March 2010, FBI agent Steven Haug appeared on the witness stand and described

how he had infiltrated the Hutaree. He claimed he had built explosives under the direction of

David Stone. He described how he had driven David Stone and other Hutaree members in a van

to attend a February 6 rally of militias in Kentucky, and how they were forced to turn back

because of bad weather. Haug nevertheless managed to record the speech Stone was rehearsing

for the rally. In Haug’s recording Stone says, "Now it's time to strike and take our nation back so

we will be free of tyranny." 36

Assistant U.S. Attorney Ronald Waterstreet sought to demonstrate the danger posed by

the Hutaree by playing a recording of one of their conversations. In this the members were

interrupting each other, laughing and making goofy noises as they made disparaging remarks

about law enforcement.37

Within a few days, Judge Victoria Roberts ordered the release on bond of the nine

Hutaree, over the objections of federal prosecutors. In her 36-page ruling, Roberts wrote:

The United States is correct that it need not wait until people are killed before it

arrests conspirators. But, the Defendants are also correct: their right to engage in hate-

filled, venomous speech is a right that deserves First Amendment protection.38

35 Archy Cary “The ‘Hutaree Militia’ Case Starts To Unravel — On First Amendment Grounds,” Live Leak.com, 5 May 2010. 36

“Prosecutor says undercover agent infiltrated Hutaree militia group” Associated Press. 31 March 2010.37 “FBI agent short on details on militia inquiry”.www.liveleak.com, 29 Apr 2010.38

David Ashenfelter. “Judge orders release of 9 Hutaree militia members.” Detroit Free Press, 3 May 2010.

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The government prosecutors appealed the judge’s decision, and won. However, he

government agreed to the release of three members: David Stone Jr, Tina Mae Stone, and Jacob

Ward.39They were instructed to wear electronic monitors and follow strict conditions set by a

judge. The remaining five Hutaree were to remain in prison for the next two years.40

The Search Warrant

In February 2011 the defense attorneys filed a Franks motion, claiming that FBI agent

Sandra Larsen of the FBI Joint Terrorism Task Force had made several misrepresentations and

omissions in the affidavits she used to obtain search warrants for the 27 March 2010 raid against

the Hutaree.41 The motion requested that evidence seized during two searches targeting Stone Jr.

be suppressed, since the searches were "unconstitutional”. The lawyers who represented 20 year-

old David Stone Jr., challenged an affidavit because, over a twenty-month investigation, it "only

recounts three occasions where even a hint of the alleged plot against police officers was

arguably mentioned," - yet Stone Jr. wasn't present, therefore didn't participate in any of those

conversations. Moreover, in hundreds of hours of secret audio recordings David Stone Jr. had

never said "anything remotely hostile regarding police or government".

The defense team also raised a concern about omissions in the affadavits. For instance,

there was no mention of Stone Jr.'s delight about his newborn son, of his decision to move out of

his father's house, and of how he told the undercover agent he was no longer keeping militia

"stuff" at his home because of the child.

As part of the pre-trial “discovery” process, the lawyers submitted a motion to dismiss

seven of the eight charges against David Stone Jr.42Todd Shanker argued in his filing that his

client "never said an unkind word about anyone" and that the only “military action” the

39 The details of the bond hearing was explained to me by William Swor.40

“Two jailed Hutaree militia members released until trial,” Associated Press. 18 May 2010.

41 Lee Higgins, “Defense attorneys for Hutaree member challenge search warrant affidavits, want evidence

suppressed”. www.annarbor.com. February 2, 2011. 42 The charges were seditious conspiracy, conspiracy to use weapons of mass destruction, teaching and demonstrating the use of explosives and two counts each of carrying a firearm during a crime of violence and possessing a firearm in furtherance of a crime of violence.

15

government could possibly attribute to Stone Jr. was his "setting off fireworks at the command of

his father during a training session to avoid trip-wires in June of 2009". 43

David Stone Jr.’s attorneys also filed a motion requesting a pre-trial Vinson-Enright

Hearing, where the government must prove by a preponderance of the evidence that a conspiracy

existed, and that the defendants were part of it. The motion claims that the government's

evidence shows David Stone Jr.’s presence at militia training was "sporadic at best." had

attended only some meetings because he didn't want to "break his father's heart" and “in the rare

circumstances Stone Jr. is heard on tape, he either talks glowingly about his newborn son or

about providing for his young family - by working long hours in a brake-parts factory.” The

lawyers also called the charge of conspiracy to use a weapon of mass destruction “curious”,

because, they claimed, there was no allegation in the indictment that any of the defendants ever

“accepted, received, or possessed a real, or fake WMD, IED, or EFP."44

In December 2011, a "motion for disclosure and production of confidential informants"

was filed by the defense attorneys, seeking information about "Keebilik" and “Jersey Steve”. 45

The February-March 2012 Trial

The trial of the seven Hutaree members was held from February 13th to March 27th,

2012 in the federal court house in Detroit before U.S. District Judge Victoria Roberts. It was

covered by the media as a high-profile criminal case. The jury was composed of nine women and

seven men. David Stone and the other defendants sat in court wearing respectable black suits that

Wendy Lineweaver, had found at the Salvation Army, after obtaining the men’s measurements.

43 Lee Higgins, “Lawyers for  Hutaree   member file motion to dismiss 7 charges”, www.annarbor.com (September 22, 2012). 44 Stone Jr., was at the time of the motion out on bond, living with his mother, his wife son. He was studying to obtain his GED and working at a nearby farm three days a week, taking care of sheep.

45 Lee Higgins, “Defense attorneys seek information on FBI informants in Hutaree case,” www.annarbor.com.

December 6, 2011.

16

In the opening statements of the prosecution, Assistant U.S. Attorney Christopher

Graveline told the jurors that the Hutaree militia had an arsenal of machine guns and short-barrel

rifles and were preparing for war with the government. "These individuals…wanted a war," he

asserted. One of the surveillance videos filmed in Haug’s van was played for the jury. David

Stone Sr. was saying: "We need to quit playing and get serious. This war will come whether

we're ready or not. Now is the time to strike and take the nation back." Next, the jury were

shown a video clip of David Stone Sr. declaring, "Welcome to the revolution."46

Stacked right in front of the jury box was an impressive display of weapons seized during

the raids, with around 148,000 rounds of ammunition. Federal prosecutors claimed that a search

of Michael Meeks' residence alone had turned up a cache of bullets and weapons, an extensive

food supply and a small plaque with barbed wire with the caption "Remember Waco,"

Graveline told the jury that the Hutaree were looking for some type of conflict to trigger

an attack, maybe a traffic stop, a search warrant or a dispute between authorities and another

militia. "They wanted to start an armed confrontation. The war to them meant patriots rising up

against the government," he said, pointing to their weapons. He claimed the defendants were

conspiring to ambush and kill a police officer, then attack the funeral procession with explosives,

and their purpose was to trigger a broader revolt against the U.S. government.47

On February 16, the fourth day of the trial, Dan Murray’s audio recordings were played

in court - and there were some damning moments. David Stone spoke of killing police officers,

and then going to their homes to burn them down: “…and if I kill their wives and their children

inside, then so be it, because I’m sending a message to the rest of them.”

But, according to William Swor, when the government’s witnesses were cross examined,

they admitted that Stone’s statements were based upon the premise that the police had become

part of the Army of Satan, and had accepted the Mark of the Beast, along with their families. The

witnesses also admitted that the conflict would have to be initiated by the authorities, not by the

46 United States District Court for the Eastern District of Michigan, Southern Division - United States of America -vs- David Brian Stone (Case No. 10-20123), 13 February 2012.

47 United States District Court for the Eastern District of Michigan, Southern Division - United States of America -vs- David Brian Stone (Case No. 10-20123), 13 February 2012.

17

Hutaree. Indeed, on several occasions government witnesses admitted David Stone had said he

would never be the one to fire the first shot.48

The government’s lawyers told the jury, “They had the weapons, they had the means, we

have evidence they were intending, plotting a lethal attack on the police force. They were

preparing bombs – weapons of mass destruction and were planning to use them.” The jury were

instructed that for a conspiracy charge to stick, there doesn’t need to be a violent act, just enough

to convince them that violence was intended. But the defense lawyers denied that the Htaree had

the means. Swor described Hutaree members as living “hand-to-mouth”. They couldn't even

afford transportation to a regional militia meeting in Kentucky, he said. Steven Haug, the

undercover FBI agent, had supplied the gas and a van equipped with a secret video camera in

order to record Stone’s statements.

The defence lawyers, in their opening statements, framed the case as a First Amendment

issue. They downplayed the Hutaree militia's intent and sophistication. They argued that Stone

and his associates were all talk and no action, pointing out that no violence had as yet been

perpetrated by any of the seven defendants. They argued that the government had manipulated

facts to build their case, and misinterpreted the speculative fantasies in the conversations

between Hutaree members as a serious plot to overthrow the government. While Hutaree

conversation may have been offensive, they argued, it was not illegal. Stone did indeed threaten

to kill police officers and their families someday, but there was no mention of a specific plan.

“There was no plan to launch a war,” claimed William Swor. "David Stone was

exercising his God-given right to shoot his mouth off, talk tough, and say silly things. He

criticized the government, as any American citizen has the right to do. There were no concrete

plans to “wage war” or assassinate anybody – just talk.”

Swor described his client as a firm believer in the Book of Revelation and the rise of the

Antichrist. “The anti-Christ as David Stone understands it will come from overseas, and the

troops of the anti-Christ will take over America. That is the resistance that David Stone was

preparing for.” Swor emphasized the religious purpose of Hutaree training, as “contingency

training for the Day of Apocalypse, when the forces if the Antichrist literally - not figuratively,

not symbolically, not allegorically – but literally invaded the U.S. and took over the U.S.

48 William Swor’s critique of my paper, email message of 22 August 2012.

18

government and proceeded to impose the will of the Antichrist on the people.” The Hutaree saw

themselves as training for that day, Swor noted - but they would never give a date:

Steve Haug and Dan Murray both tried to get David Stone to tell them when that day

would come. But Mr. Stone consistently said, ‘We don’t know’. The Hutaree were

consistently defensive in their preparation. Their sole purpose was to defend Christ

and Christ’s nation against the Antichrist in what they believed was to be a literal

physical battle. I got Dan Murray to admit that on the stand.

Swor emphasized the ludic, speculative quality of Hutaree battle plans:

They liked to sit around and fantasize about their battles in the Endtime. Someone

suggested that they hire strippers to act as decoys in the future battle with the Devil

(that shows you how realistic they were). Mr. Stone was constantly talking about the

Endtime. All you have to do with Mr. Stone is say ‘Hello’ - and he’s off! The

government played that section where Mr. Stone talks about Hutaree bicycle corps

with 18-speed motors and mufflers - for forward reconnaissance. So then Steve Haug

says, “Wouldn’t it be easier to steal cars? So, Mr. Stone turns the conversation 90

degrees and talks about stealing cars and providing master keys for the cars, not hard

to come by, then getting master keys for homes, so they wouldn’t have to sleep in the

woods. One of Dave’s comments, when he was talking about how to survive was,

“there’s one hundred and one scenarios here!” This shows it was all speculative, just

an entertaining fantasy.49

Todd Shanker, attorney for David Stone Jr., acknowledged the "offensive statements" on

the recordings were "almost fantasy, between friends who were comfortable with each other".

Shanker described the Hutaree as more of a "social club" than any organized militia. Defence

attorney Satawa quoted Dan Murray’s 302 report to the FBI, in which he had said that the

Hutaree engaged in much talk without resources to back up their claims. “Let’s just leave them

alone, a bunch of people playing army in the woods,” Murray had pleaded.

On the second day of the trial, FBI agent Leslie Larsen appeared as the first witness for

49 Interview with William Swor on 12 April 2012, over the telephone.

19

the prosecution.50 Responding to questions from Assistant U.S. Attorney Sheldon Light, Larsen

said she learned about the Hutaree members from their website in August, 2008, and explained

why she became concerned after watching one of their videos: “In the shooting in and around the

vehicles, the firing appeared to be automatic in nature. It appeared to be a large amount of bullets

coming out of the weapons.”

Agent Larsen also testified about hiring Dan Murray, who she said had been previously

used by the FBI to collect information about militia groups in Michigan. In August, 2008,

Murray had met David Stone and his son Joshua at an Ann Arbor restaurant. Murray then

infiltrated the group and over the next 17 months. He trained and camped with Hutaree members

in Lenawee County, as well as other training sessions and meetings at remote locations in

Washtenaw County’s Manchester Township and near North Adams in Hillsdale County. Over

the course of the investigation, the FBI obtained between 200 to 250 hours of audio or video

recordings of discussions, agent Larsen claimed.

Under cross-examination Larsen admitted to writing an email during the investigation

that suggested she wouldn't be satisfied with just a few charges. Leslie Larsen had written:

“We haven’t worked a year and a half on this investigation and risked an Undercover’s

life to walk away with three arrests. We are in a position to send a strong signal to other

like-minded groups out there that we take them seriously.”51

Defense lawyers claimed this message proved that justice was not the focus of the FBI’s

Hutaree probe.52

Tina Stone’s lawyer, Michael Rataj, criticized Larsen’s handling of the case, claiming

that “Ms. Larsen…was inexperienced, it was her first case…and she claims she wants to defuse

the situation, but instead she’s ramping it up.” She had ignored the profilers’ report and their

recommendations.

50 FBI agent testifies in Hutaree trial about findings by paid confidential informant, Mark Reiter, Toledo Blade, 14

February 2012. 51 United States District Court for the Eastern District of Michigan, Southern Division - United States of America -vs- David Brian Stone (Case No. 10-20123), 14 February 2012:13.

52 Ed White, “Ripples likely from militia case loss, experts say.”Fresno Bee, 28 March 2012.

20

The defence team worked to discredit Dan Murray, the chief witness for the prosecution;

to portray him as an unstable character. They produced police reports to prove that, in February

2010, Murray had fired a gun at his wife. Murray explained to the court that the shooting had

occurred during a domestic argument. “I did not shoot at my wife. I shot my gun at a door,” he

testified. He had pleaded guilty to discharging a weapon at a building and had received three

years’ probation.53

On another occasion Murray had attempted suicide by stabbing himself, and then

accusing his wife of stabbing him when the police arrived. Under cross examination, Murray

admitted he had lied to the police about the stabbing incident. The defence lawyers then

suggested that Murray’s personal psychological problems may have distorted his perceptions of

the Hutaree while he was working as an informant.

Attorney Michael Rataj later used this argument in his concluding statement:

And the irony in this case, Your Honor, is that the only person that committed any act

of violence was the Government's own confidential informant, Mr. Murray, who shot

a nine-millimeter [gun] at his wife, and then stabbed her.54

Steven Haug appeared as a witness on 12 March 2012. He testified that he had

participated in military-style training with the Hutaree in 2009, and often met with leader David

Stone at his home and at a fast-food restaurant in Adrian. 55 He showed the jury the Hutaree’s

alleged “kill list” that featured the names of targets he claimed he heard mentioned in Hutaree

conversations. These included judges, senators, members of Congress, journalists, bank

executives, and presidential candidates in 2008. Under cross examination, however, Haug

admitted the alleged "kill list" included people who had been dead for years.56

53 Lee Higgins, “FBI informant in Hutaree case was arrested for firing gun during argument”. www.annarbor.com.

January 19, 201254 United States District Court for the Eastern District of Michigan, Southern Division - United States of America -vs- David Brian Stone (Case No. 10-20123), 26 March: 97.

55 FBI agent testifies in Hutaree trial about findings by paid confidential informant, Mark Reiter, Toledo Blade. 14 Feb 2012 56 Conversation with William Swor by email, August 22, 2012.

21

Haug claimed that guns were an everyday item in Hutaree households. Wedding

photographs were shown to the jury in which David Stone Sr., his bride Tina, and four members

of the wedding party (including the Best Man, Steven Haug) are all holding rifles. In Joshua

Stone’s wedding photo, several rifles are on display behind the happy couple. Haug claimed that

Joshua Stone had once shown him two AR15 rifles stashed in his bedroom, and boasted that he

was working on one to make it fully automatic, once he received a missing piece. Then Joshua

Stone had complained to him about U.S. health care policies, saying, “I look forward to us

shootin' this fall ... cause if they push that health care, we're goin' in." Haug had recorded this

statement, and it was played for the jury.57

David Stone Sr. often spoke of targeting officers, Haug claimed. The jury listened to a

recording in which Stone said in case of a domestic war, they could drive around in a minivan,

open the sliding door and shoot at officers on the side of the road: "Then you roll to the next one.

They start splintering off. Once you divide, you can conquer. ... They're going to be screaming

on the radio, 'We're under attack!’".58

Haug claimed that Stone Sr. had extensive knowledge about explosives. He often invited

Stone to his warehouse to discuss weapons and they had frequently spoken about building pipe

bombs and obtaining other, more sophisticated explosives.59. Haug claimed he was "shocked" by

Stone's work with explosives, noting it matched some of his own instruction as a federal agent:

“It was clear to me that (Stone) had a working knowledge of explosives ... IEDs, things of that

nature."60

William Swor objected that Steven Haug was the only person in the whole case who had

ever set off an explosive device. After reporting to agent Larsen that David Stone was afraid of

large explosives, and determining that David Stone would never build one himself, Haug had

built and detonated plastic explosives and a shaped charge. Then, “he tried to get David Stone to

order more of them, but Mr. Stone never did.”61

57 Tresa Baldas, “Jersey Steve was really FBI informant in Hutaree case”. Detroit Free Press, March 14, 2012.58 “Militia leader on fed recordings fantasizes about shooting cops,” Associated Press, Detroit. March 10, 2012.59 Tresa Baldas, “Jersey Steve was really FBI informant in Hutaree case”. Detroit Free Press March 14, 2012. 60 “Militia leader on fed recordings fantasizes about shooting cops,” Associated Press, March 10, 2012.61 Telephone interview with William Swor, August 22, 2012.

22

Attorney Michael Rataj summed up the IED situation in his concluding statement at the

trial:

About the IUDs, Stephen Haug was the one who brought the bombs to the party

Twice he brought bombs and exploded them. Mr. Stone said, “Oh! Wow! That’s real

cool!” That was it – that was the extent of Mr. Stone’s “sophisticated knowledge of

explosives”.62

On Thursday, March 15, 2010, the defence lawyers presented a new argument. They

argued that, while the government had decided to "nail" the Hutaree as terrorists, they, in fact,

never took this backwoods militia seriously. The lawyers then disclosed to the jurors some

jocular internal e-mails written by FBI agents in which they portray the Hutaree as incompetent

fools. Agent Larsen refers to Tina Mae Stone as “toothless Tina” in one message, and calls

David Stone “scatterbrained”. Agent Steven Haug joked about David Stone’s infamous hate

speech that he had recorded during their trip to Kentucky. When he emailed this speech to

various FBI agents, he wrote, "Please hum the Star Spangled Banner and the Battle Hymn of the

Republic while reading this. It'll give you goose bumps."

In the cross examination William Swor asked, “You were mocking Mr. Stone, weren't

you?" Haug replied, "No. I thought it was funny. We joke in law enforcement, sir."63

The jury also listened to a taped telephone conversation in which Haug reports back to

the FBI about Stone Sr.’s ranting against police officers. "He really hates the sheriff.... Yeah, it's

pretty funny." Swor pointed out that the FBI’s internal emails showed a discrepancy between the

portrait of a dangerous terrorist group they were trying to construct, and the behind-the-scenes

expressions of humour and contempt for the Hutaree as a bunch of silly, incompetent backwoods

bozos. "The government never took the Hutaree seriously," Swor told the jury. 64

On March 21, 2012, just before the prosecution finished resting its case, the defense

lawyers asked for a mistrial, claiming the government had withheld information that should have

62 Conversation with Attorney Michael Rataj over the telephone, 22 April 2012.63 Tresa Baldas, “Hutaree defense: Defendants engaged in 'fantasy' talk”. Detroit Free Press. 16 March 2012 64

Tresa Baldas, “Hutaree defense: Defendants engaged in 'fantasy' talk”. Detroit Free Press. March 16, 2012  

23

been provided under federal law.65The information in question concerned a previous relationship

between Steven Haug, the government's star witness, and a New Jersey informant on white

supremacists and hate groups in 2003. Stephen Haug had been the FBI’s handler for the New

Jersey informant, Hal Turner, who was a right-wing radio host and blogger who made threats

against critics and public officials while on the FBI payroll.

Attorney Michael Rataj noted, "As a defense team, it was just one more example of the

government not turning over stuff it should have been turning over’.66According to Rataj, the

prosecution had consistently tried to hide embarrassing information, which amounted to eight

Brady violations in the course of the trial.67 William Swor also noted, “This was the eighth time

the defense sought a mistrial based on the failure of the government to turn over material that it

was legally obligated to disclose.”68

Another argument in favor of dismissal of the case was made by William Swor on 26 March

2012. He noted that in April 2010, Leslie Larsen and Mr. Waterstreet swore to the Court that the FBI

were expecting an imminent attack by the Hutaree, scheduled to occur in the second week of April.

Innocent bystanders were at risk of being injured, and that was the compelling reason for the March 27 th

raid and arrests. At the time of the Hutaree arrests, U.S. Attorney Barbara McQuade had been

quoted in the media saying the time had come to “take them down.” 69 McQuade had defended

the timing of the arrests, claiming that the government had information that an attack was

planned for April 7, 2010.

"Imagine if they had been successful and we had waited," McQuade told the Press. "I

think most people would agree that you stop them when you can to protect the public safety. And

I think that's what happened here." 70

65 Tresa Baldas, “Hutaree defense seeks mistrial, accuses U.S. of withholding information,”,

Detroit Free Press. 22 March 2012.66 The informant, Turner, had no role in the Michigan militia investigation.67 Conversation with Attorney Michael Rataj over the telephone, 26 April 2012.68 Conversation by email with William Swor, 22 August 2012.69

Lee Higgins, “Defense attorneys seek information on FBI informants in Hutaree case”. www.annarbor.com. 6 December 2011. 70 Tresa Baldas and Joe Swickard, “Last 2 Hutaree go free”. Detroit Free Press, 30 March 2012.

24

However, it became clear in the course of cross examinations of the government’s

witnesses that there had never been any emergency, because there had never been any specific

date on which an attack was planned.71

The Acquittal

After hearing out the prosecution’s case, which started on February 13 and ended on

March 26, U.S. District Judge Victoria Roberts called one day of recess to consider motions filed

by the defence. At the end of the day, on March 27, Judge Roberts suddenly acquitted all seven

of the Hutaree of the seditious conspiracy charges of plotting to overthrow the U.S. government

with weapons of mass destruction, and she ordered their immediate release.72

Judge Roberts stated in her 28-page decision that, after five weeks of trial, the federal

prosecutors had failed to prove that the Hutaree had any specific plan to kill a police officer and

attack law enforcement personnel at the subsequent funeral. She wrote:

What the government has shown, instead of a concrete agreement and plan to

forcibly oppose the authority of the government, is that most — if not all — of these

defendants held strong anti-government sentiments. But the court must not guess

about what defendants intended to do with their animosity. [While David Stone] may

have wanted to engage in a war with the federal government [the evidence] is totally

devoid of any agreement to do so between Stone and the other defendants”. 73

“This plan is utterly short on specifics,” she concluded, “it is a stretch to infer that other

members of the Hutaree knew of this plan, and agreed to further it.” The judge described the

prosecution’s evidence "minuscule" and "woefully lacking". David Stone’s diatribes, she stated,

71 United States District Court for the Eastern District of Michigan, Southern Division - United States of America -vs- David Brian Stone (Case No. 10-20123), 26 March 2012: 175.

72 Tresa Baldas and David Ashenfelter, “Judge acquits 5 Hutaree militia members of all charges; 2 face only

weapons counts,”Detroit Free Press. 27 March 2012.

73 Tresa Baldas, “Judge acquits Hutaree militia members of conspiracy charges,” Detroit Free Press, 28 March

2012.

25

“evince nothing more than his own hatred for – perhaps even desire to fight or kill – law

enforcement; this is not the same as seditious conspiracy."

Judge Roberts then proceeded to give the prosecution a lesson on law: "The court is

aware that protected speech and mere words can be sufficient to show a conspiracy. In this case,

however, they do not rise to that level."

As journalist William Grigg pointed out, in the midst of the trial “the Feds shifted their

focus”. The original indictment accused the Hutaree members of making material preparations to

carry out specific criminal acts. Judge Roberts, however, was presented with no evidence to

support that charge, and eviscerated their case in a preliminary ruling. At that point the feds

shifted their focus and focused on the vague charge of "seditious conspiracy".

Judge Roberts rebuked the prosecution for this shift, citing a Supreme Court precedent

(Russell v. United States, 1962) holding that the prosecution isn’t "free to roam at large – to shift

its theory of criminality so as to take advantage of each passing vicissitude of the trial." Roberts

observed that the Feds were not free to say that the alleged plan set forth [in the original

indictment] was irrelevant. (“Yet that is precisely what they attempted to do,” notes William

Grigg.)

Judge Roberts pointed out the absurdity of some of the allegations. Tina Mae Stone, for

example, was described by the prosecution as an “active, engaged and vocal member” of the

purported conspiracy – just because she happened to overhear two conversations – one regarding

her husband’s planned trip to a militia rally in Kentucky with “Jersey Steve”; and the other when

she accompanied her husband to the warehouse where he “discussed explosives” with the

Stephen Haug. This latter conversation had touched on using coffee cans and wine bottles to

make improvised explosively formed projectiles (EFPs).  Judge Roberts notes, “Ms. Stone had

joked that she would take one for the team and drink more wine, presumably so that the bottles

could be used to make explosives.” And yet the government took that “wisecrack” as “evidence”

that Tina Mae had “played an active, unhesitant, and continuing role in obtaining materials to use

in building EFPs”.74

74 William Norman Grigg “The Hutaree Case: Next, Time, They’ll Send in the Drones” Pro Libertate, 29 March

2012.

26

Judge Roberts acquitted all of the defendants of the two most serious charges; seditious

conspiracy, and conspiring to use weapons of mass destruction.75 Because the federal prosecutors

had failed to prove their case on those charges, Judge Roberts noted, she also was required to

acquit the defendants on five other counts: demonstrating the use of explosives, and carrying and

possessing a firearm in relation to a crime of violence. 76

As legal experts explained, the prosecutors could not appeal Roberts’ decision, which is,

in effect, the same as a jury acquittal. The judge’s decision left federal prosecutors with what

legal experts described as a “run of the mill illegal firearms case”. David Stone Sr. and his son,

Joshua, were still charged with possession of a machine gun.77

The Significance of the Hutaree Story

The Hutaree was a militia group with a Christian and millenarian worldview. A

combination of factors led to the FBI investigation of the “Christian Warrior” Hutaree, as

opposed to one of the more secular, politically-oriented militia groups in Michigan. The Hutaree

story is significant because it addresses important issues; political, legal, religious and human

rights.

From a political perspective, the Hutaree ordeal is an example of a FBI “sting operation”

in the post-9/11 era in which a non-Muslim group was targeted.

Three weeks after the Hutaree’s acquittal, an article exposing FBI sting operations

appeared in the Washington Post.78Author Peter Finn analyzes the March 2012 Pittsburgh arrest

of Khalifa Ali al-Akili as an attempted “sting operation” by agent provocateur, Shahed Hussain.

Finn describes Hussain as “one of the FBI’s most prolific and controversial informants for

terrorism cases”. Hussain had approached Akili, preaching the ideology of jihad and trying to

75 Seditious conspiracy carries a maximum penalty of 20 years in prison. Conspiring to use weapons of mass destruction carries a maximum penalty of life in prison.76

Tresa Baldas and David Ashenfelter, “Judge acquits 5 Hutaree militia members of all charges; 2 face only weapons counts”. Detroit Free Press, 27 March 2012.  77 The charges of possession of an unregistered firearm carry maximum penalties of 10 years in prison.78 Peter Finn, “Documents, blown case provide rare look into FBI terror stings.” The Washington PostApril 14. 2012. (This article was referred to me by Michael Rataj).

27

sell him a gun - but Akili suspected a setup. He wrote on his Facebook page: “I had a feeling [I

was in] some Hollywood movie where I had just been introduced to the leader of a ‘terrorist’

sleeper cell’.” Akili saw through Shahed Hussain’s cover, so the sting failed. (although Akili

was subsequently arrested on relatively minor gun charges).

Peter Finn notes that “voluminous court records” since the Sept. 11, 2001 attacks have

exposed a tactic used increasingly by the FBI, in which “suspects are monitored almost from the

beginning of plots and provided with means to help them carry them out”. Quoting statistics

supplied by the Center on National Security at Fordham Law School, Finn claims there have

been 138 terrorism or national security cases involving informants, and the U.S. government has

secured convictions in 91 percent of these cases. Law enforcement officials have claimed that

“sting operations” are a necessary and vital tactic for heading off terrorism. But, according to

Michael German (a former FBI undercover agent) they are a “theatrical event that produces more

fear in the community”.79 U.S. District Judge, Colleen McMahon, who presided over the trial of

four men from Newburgh, N.Y., who were convicted on terrorism charges, was quoted saying, “I

believe beyond a shadow of a doubt that there would have been no crime here except the

government instigated it, planned it, and brought it to fruition”. Finn quotes civil activists who

“say the FBI has been targeting individuals with radical views who, despite brash talk, might

have little ability to launch attacks without the government’s help”.

Certainly the Hutaree fit this description.

In a more recent and comprehensive study, journalist Trevor Aaronson, in his 2013

book, The Terror Factory, presents a study of over 500 documented cases of men who went to

trial as accused terrorists, since 9/11. He claims his data demonstrates that only five were real,

undisputed “terrorists”, connected to terrorist cells, and having the means to carry out acts of

terrorism. Aaronson points out that since 9/11 the FBI have received 3 billion a year as part of

the war on terror initiative, so they are under heavy pressure to come up with results.

From a legal perspective, the Hutaree case should interest historians as one of the rare

applications of a law historically rooted in the War of Independence when, in 1798,

President John Adams signed into law the Alien and Sedition Acts. Only five cases of seditious 79He is a counsel at the American Civil Liberties Union and former undercover FBI agent, (Peter Finn, “Documents, blown case provide rare look into FBI terror stings.” The Washington Post. April 14 2012.

28

conspiracy have gone to trial since the 1967 unsuccessful prosecution of Vietnam War

protesters.80

In the trials of each of these cases, the First Amendment has been a major issue, and the

onus has been on the lawyers to redefine the boundaries between Free Speech and Sedition. The

Hutaree trial provided a new testing ground for the rarely applied law of sedition and its outcome

hinged on this distinction.

U.S. Attorney Mcquade denied that the case was about the First Amendment, as the

defense lawyers had claimed. "It wasn't just free speech," McQuade said. "It involved substantial

steps in furtherance of a plot to kill police officers. They were stockpiling weapons and machine

guns and rounds and rounds of ammunition. And they were building bombs. To me, that is well

beyond protected First Amendment speech."

But the defense lawyers argued that Free Speech was the main issue, as Attorney Michael

Rataj eloquently explained:

The FBI took a few sentences out of 200 hours of surveillance audios and videos,

took them out of context, and didn’t show what was said before and after. Big talkers

can say some nasty things. But anyone can sit on their back doorstep and drink beer

and tell their friends. “I hate cops! I would like to put a bullet in their heads!” But

that’s not illegal, that’s protected speech. It’s like the rapper, Ice Tea. After the

Rodney King incident, he came out with a rap song, “Cop Killer”. Yet no-one

arrested him for seditious conspiracy! But if you say, ‘I want to kill this specific cop,

and here is where we meet to do this – then the government would have a case.81

Free speech was the issue, as far as Hutaree member, Michael Meeks, was concerned. He

told the Press the day he was released from prison that, for him, the salient lesson was to "watch

80 A recent case of seditious conspiracy emerged in the news in June 2012, in Port-of-Spain, Trinidad. Seventy-year-old Yasin Abu Bakr, the leader of Black Muslim group that staged an attempted coup 22 years ago in Trinidad, went on trial on June 8 on charges of making seditious statements during a sermon at his mosque. In the July 1990 coup attempt, Abu Bakr and 114 members of his congregation, Jamaat al Muslimeen, detonated a car bomb that destroyed a police station in front of Parliament. They then stormed into legislature and took the prime minister and his Cabinet hostage during a shooting rampage that killed 24 people. The rebels surrendered six days later after the government gave them amnesty, ending the only Islamic revolt in the Western Hemisphere. (“Trinidad Islamic group leader faces sedition trial” Associated Press, June 13, 2012).81Interview with Michael Rataj over the telephone, April 10, 2012.

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what you say: Even the most innocent of statements can be used against you". Journalist William

Grigg goes a step further: “The lesson is that anything said in your presence can be used against

you – and if a sufficiently incriminating remark isn't forthcoming from you or your friends, the

Feds can always pay somebody to perform on cue, and on camera.”

The Religious Dimension

Finally, the question remains, “Were the Hutaree more vulnerable to being framed as

terrorists because they were a religious militia? Were they portrayed as dangerous because they

were devout Christians?”

One concern discussed in the media was the double standard in government’s treatment

of Muslims and Christians. As Grigg notes, “During the past decade, false flag operations

targeting disaffected Muslims have become the FBI’s métier”. Yasmin Mogahed, writing in the

Huffington Post, complains, “If there's news of a Muslim terrorist, Islam becomes complicit in

the crime… Hutaree means ‘Christian Warrior’ - yet the American public is not likely to blame

Christianity”. 82

But the leader of the Hutaree claims he was persecuted because of his Christian beliefs.

In my interview with David Stone that took place in a restaurant in Adrian, MI, he told

several stories to illustrate this point. Leslie Larsen, he claimed, had hired Dan Murray to

investigate the Hutaree partly because she considered their radical Christian orientation to be

threatening: “It was all about our Christian faith badge which features a cross”, he explained, and

noted that Larsen had referred to Hutaree in a conversation with Murray as “the Jesus Taliban”.

Stone claimed when he was arrested and taken in for questioning by Sandra Larsen, a Michigan

State Trooper, she had opened the interrogation by saying:

“So, I understand you consider yourself a Christian?”

“Yes.”

82

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“Well, let’s see if your God saves you now.”

David Stone also mentioned that the FBI classified the Bible as “antigovernment

literature”. When his apartment was raided, the FBI found three King James Bibles, and these

were shown in court as part of the government’s evidence, along with the guns and ammunition.

When Judge Roberts queried their presence, she was told the search warrant had instructed

agents to seize any “antigovernment literature”. The FBI then provided her with their list, which

included “the Bible”.

From a sociological perspective, the Hutaree story contains new lessons in the complex

relationship between religion, violence, and state control. Sociological analysis has focused on

the dynamic relationship between apocalyptic expectations and the violence and volatility of

certain new religions. Post-mortem discussions of tragic events have focused on ideological

factors that have propelled several infamous new religious movements into violent homicidal or

suicidal directions (for example, the Solar Temple, Aum Shinrikyo, Jonestown, Nation of Islam,

Heaven’s Gate).

Scholars have explored the influence of millenarian expectations on the decision-making

processes of charismatic leaders.83 Lorne Dawson notes, “In each of the instances of mass

religious violence involving NRMs, apocalyptic beliefs …have played a crucial role…in

fostering extreme behaviour.”84 Sociologists Catherine Wessinger, John Hall and Mark Mullins

have all argued that, while apocalyptic beliefs do not always or necessarily lead to violent

behaviour, that certain prophets of new religions have been known to pre-empt attack at the onset

of Armageddon, and to view non-members as demonic or subhuman, hence morally justifiable

targets for guns, bombs or sarin gas. For prophets expecting the imminent destruction of the

world, they argue, violent or self-destructive resolutions to conflicts or to obstacles may be

rationalized in religious terms.

83 See Catherine Wessinger. 2000. How the Millennium Comes Violently. New York. Seven Bridges Press; Gordon J. Melton and David G. Bromley. 2002. Cults, Religion and Violence. Cambridge: Cambridge University Press; John Hall, with Philip Schuyler and Sylvaine Trinh. 2000. Apocalypse Observed. New York: Routledge; Jean-Francois Mayer. 1999. “Our Terrestrial Voyage is Coming to an End,” ‘The Last Voyage of the Solar Temple’. Nova Religio 2: 172-96.

84 Lorne Dawson. 2006. Comprehending Cults: The Sociology of New Religious Movements. New York: OUP: 146-151.

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In the case of the Hutaree, one finds an exception to this model. David Stone, his family

and core group certainly espoused a religious, millenarian worldview. The purpose of militia

training was to prepare to resist the New World Order and the rise of the Antichrist government.

His lawyer, William Swor, had emphasized this point in court:

When David was talking about a future war with the government, it was always in

the context of his apocalyptic vision. He believed that there would be a real physical

battle between the forces of Satan and the forces of Christ. The Christians were

called upon to be prepared to defend themselves and their families from Satan’s

forces. He based it all on the Book of Revelation. There were various signs, like the

Mark of the Beast, but these signs were constantly changing. We don’t know when

this is going to happen, he’d say, but we have to be prepared. The police would

become part of the Devil’s army, they would turn into extensions of the Antichrist,

and so we would have to take them on. .85

But it is important to note that David Stone always made a clear distinction between the

present (secular) government and the future (Antichrist) government. He found it amusing that,

after his arrest, when he was interrogated by the FBI, they kept asking him, “So, you hate the

government, don’t you?” He kept trying to explain he had nothing against the current

government but was training to resist the future government of the New World Order. “They

seemed confused,” he said. “Were they trying to tell me that they believe they are the Antichrist

government?”86

The Human Dimension

For the five Hutaree who spent two years in prison, they were vindicated of the charges,

but faced daunting economic and personal challenges as they took up their lives again. As

Michael Rataj pointed out, “they have to eat their loss. There is no vehicle for compensation.

One of the things that makes this whole situation so despicable is there is no recourse for these

people, those five who spent two years in jail for no reason.”

85 Interview with William Swor, Federal Attorney, in his office in Detroit, April 1, 2013. 86 Interview with David Stone in a restaurant in Adrian, MI, 8 September 2012.

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David Stone and his son, Joshua Stone pleaded guilty to illegal weapons possession and

received no further punishment. At their trial in August 2012, Judge Roberts noted that the two

years they had already spent in prison were sufficient punishment. Federal prosecutors had asked

for additional months in prison, but that, the judge said, "would not make much sense."87

In the months following their arrests in 2010, the Hutaree members had weathered

stigmatizing portraits in the media, in which they were portrayed as “Christian terrorists”.88 But

two years later, after their acquittal, they suddenly found themselves lionized by journalists, and

they became a legend among Patriot groups and left-wing radicals in America. While the

Hutaree story has confirmed the right-wing Patriot groups’ mistrust of the government and law

enforcement, it has also demonstrated the independence and reliability of the U.S. judicial

system. Archy Cary sums up this paradox:

Was this flamboyant raid primarily driven by political rather than law enforcement

motives? This whole Hutaree ordeal, is looking more like a government ruse to

demonize militias, Christians and the "right-wing," than it does a legitimate

threat….It's lucky the nine working-class folks charged in this "conspiracy" have an

honest judge. U.S. District Judge Victoria Roberts doesn't seem to be letting the

government agents get away with any shenanigans.89

For Michael Meeks, an ex-marine who spent two years in prison, something valuable

resulted from his ordeal: “Our story gives other people who are being harassed ammunition to

defend themselves. Our case has become part of case law”.

87 Lee Higgins, “Judge: Hutaree head, son, held long enough.” www.ann.arbor.com, August 8, 2012.

88 Read, for example, Meghan Housely, “Violent underbelly of arrested Hutaree militia members revealed,” National Post. 31 March 2010.89 Archy Cary, “The 'Hutaree Militia' Case Starts To Unravel – on First Amendment Grounds.” www.breitbart.com, 5 May, 2010.

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